Suzuko Wagner, Petitioner, v. Office of Personnel Management, Respondent, 36 F.3d 1114 (Fed. Cir. 1994)

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US Court of Appeals for the Federal Circuit - 36 F.3d 1114 (Fed. Cir. 1994)

Sept. 1, 1994


Before ARCHER, Chief Judge, and MICHEL and PLAGER, Circuit Judges.


PER CURIAM

ORDER

The court has considered the submissions of the parties in Suzuko Wagner's petition for judicial review of the May 21, 1993, decision of the Merit Systems Protection Board (MSPB), Docket No. CH-0831-93-0225-I-1. Respondent suggested in its brief that this case has become moot because, during the pendency of this proceeding, OPM awarded petitioner the survivor benefits she is seeking. Petitioner did not file a reply brief or otherwise challenge this suggestion of mootness. Accordingly,

IT IS ORDERED THAT:

1. The decision of the MSPB is vacated.

2. The petition for review is dismissed as moot.